BIS proposed rule revises export controls for some electronics

Thursday, November 29, 2012

The U.S. Commerce Department’s Bureau of Industry and Security has proposed a rule on the control of military electronic equipment and related items the president determines no longer warrant control under the U.S. Munitions List, but rather under the Commerce Control List.
The State Department’s Directorate of Defense Trade Controls published a related proposed rule on revising the U.S. Munitions List Category XI and definition for "equipment." Both proposed rules are part of the president's Export Control Reform Initiative.
This is one in a planned series of proposed rules describing how various types of articles the president determines no longer warrant USML control, but rather would be controlled on the CCL and by the Export Administration Regulations.
“BIS recognizes that because electronics frequently are installed in some other commodity, they are particularly susceptible to ambiguous classification or classification under multiple entries on the CCL. For example, a given electronic device might also be viewed as a part for an aircraft, radar, computer, laser, or some other article. How the device is viewed might affect the classification on the CCL, which could, in turn affect license requirements or licensing policy,” the agency said in the Federal Register notice.
BIS said its intent is that the new Export Control Classification Numbers (ECCNs) in this proposed rule would “not increase the number of destinations to which a license is required, alter the policy under which license application are reviewed or create any apparent instances of an item that is subject to the EAR being covered by more than one ECCN.”
BIS said comments related to the proposed rule are due by Jan. 28. For more details, view the entire Federal Register notice here.